Legal
1.1 Provider. These Terms of Service ("Terms") constitute a legally binding agreement between Crowded Kingdom Studios, Inc. ("CK," "we," "us," or "our"), a Delaware C corporation, and the individual or entity accessing or using the CK Spatial Fabric API ("Customer," "you," or "your").
1.2 Acceptance. By registering for an account, clicking "I Agree," providing payment information, or accessing or using the CK Spatial Fabric API in any manner, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1.3 Eligibility. You must be at least 18 years of age, or the age of majority in your jurisdiction if older, to use the API. By agreeing to these Terms, you represent and warrant that you meet this requirement and are not barred from receiving services under applicable law.
1.4 Modifications. CK may modify these Terms at any time by posting a revised version. A revised version takes effect when it is posted, and the date at the top of these Terms shows when that was. CK may also notify you by email. Your continued use of the Service after a revised version is posted constitutes acceptance of it. If you do not agree to a revised version, your sole and exclusive remedy is to stop using the Service and close your account; a termination by you under this Section is treated as a termination without an underlying breach by you, and Section 12.6(e)(i) applies to your unused paid Wallet balance notwithstanding Section 12.6(e)(ii).
1.5 Separate Written Agreements. To the extent your use of the Service is subject to a separate written agreement with CK, including an Enterprise Agreement under Section 14.1, that agreement prevails over any conflicting provision in these Terms. Arrangements not addressed by these Terms are available by agreement — contact hello@crowdedkingdoms.com.
2.1 CK Spatial Fabric. The CK Spatial Fabric API (the "API") provides access to CK's proprietary horizontally scalable spatial routing infrastructure, enabling real-time state synchronization and replication across distributed virtual environments at scale ("Spatial Fabric" or the "Service").
2.2 License Grant. Subject to your compliance with these Terms and timely payment of all applicable fees, CK grants you a limited, non-exclusive, non-transferable, revocable license, sublicensable only as Section 5.7 permits, to access and use the API to develop, test, deploy, operate, host, distribute, and commercially exploit your applications, games, worlds, agents, and experiences ("Your Applications"), and to integrate the Service into them. This license extends to making Your Applications available to your end users without limit as to number, publishing them under Section 15, and enabling end-user modification under Section 16.
2.3 Scope of License. The license granted herein does not include: (a) access to the underlying source code, firmware, or hardware of CK Spatial Fabric; (b) any rights to CK's proprietary spatial routing algorithms, protocols, or infrastructure designs; or (c) any implied rights not expressly stated in these Terms. Section 5.7 governs providing the Service to third parties.
2.4 Documentation. CK will make API documentation, including any operational parameters CK publishes from time to time, available to you (the "Documentation"). CK may update the Documentation at any time without notice.
2.5 Beta Features. CK may make certain features or functionality available on a beta basis. Beta features are provided "as is" with no warranties and may be discontinued at any time.
2.6 Environments. An Environment is an isolated Game API, replication, and database stack, deployed to a datacenter and provisioned with a defined capacity. Your Apps (Section 3.7) run on Environments, and a single Environment may host one or more Apps. The Service offers two environment types:
2.7 Version Control for Private Environments. CK may release new versions of the Spatial Fabric software stack from time to time. Private Environment administrators may control the timing of upgrades to their Private Environment within a window CK designates. CK reserves the right to require upgrades for security, compliance, or operational reasons.
2.8 Feature and Environment Availability. Not all features and environment types described in these Terms are available at all times or to all customers. Private Environments are not available on a self-serve basis. They are provisioned, together with any custom service levels, under a separate written Enterprise Agreement for an enterprise fee (Section 14.1) — contact hello@crowdedkingdoms.com to arrange one. Reserved Throughput (Section 4.3(a)) is not an enterprise item: it is a published Rate Card line you buy from your account. Unless and until you have such an agreement, your Apps run on the shared Public Environment, and the provisions of these Terms that concern Private Environments apply only once one is provisioned for you. CK may make additional environment types and capabilities available, and may modify or withdraw them, at its discretion.
3.1 Account Creation. To access the API, you must register for an account by providing accurate, complete, and current information. You agree to keep this information updated. Every Crowded Kingdoms account — whether created to build on the Service, to use Crowdy Studio or other CK developer tools, or to sign in to any game or experience — is available only to people who are at least 18 years old, or the age of majority where they live if that is older.
3.2 API Keys and Tokens. Upon registration, CK will issue you one or more API keys and may issue server-to-server API tokens for programmatic access. API keys and tokens are unique to your account and are confidential. You are solely responsible for maintaining the confidentiality and security of your API keys and tokens. References to "API keys" in these Terms include both API keys and server-to-server API tokens.
3.3 Prohibited Sharing. You may not share, transfer, sell, or sublicense your API keys to any third party. Any use of the API with your API keys will be attributed to your account and billed accordingly.
3.4 Unauthorized Use. You must notify CK immediately at hello@crowdedkingdoms.com upon becoming aware of any unauthorized access to or use of your account or API keys. CK is not liable for any losses arising from unauthorized use of your account prior to your notification.
3.5 Suspension Rights. CK reserves the right to suspend or terminate your account or API access at any time, with or without notice, if CK reasonably believes you have violated these Terms.
3.6 Organizations. You may create one or more "Organizations" within your account. An Organization is a billing and access-control container that owns your Apps (Section 3.7) and Environments, holds prepaid wallet balances, and permits you to invite and manage members. Apps and Environments must be associated with an Organization. The account holder who creates an Organization is the Organization administrator and is responsible for all activity, Fees, and compliance obligations of that Organization. CK may make available role and permission controls within Organizations from time to time; the availability and scope of such controls is at CK's sole discretion.
3.7 Applications (Apps). An "App" is a product or project you create within an Organization. An Organization may create an unlimited number of Apps. Each App runs on one or more Environments (Section 2.6) — a Public Environment or one or more Private Environments — and a single Environment may host multiple Apps. Apps and Environments are distinct: the App is your product, and the Environment is the isolated stack it runs on. CK does not charge for Apps themselves — there is no per-App or per-seat fee. Fees are based on the Environments an App uses and their usage under Section 4. Free-tier allowances applicable to Apps are published on the Rate Card.
3.8 Your End Users. Your end users are yours. You provide the terms and privacy notice they use your Applications under; CK does not, and CK is not a party to your relationship with them. Your end users must be 18 or older (Section 6.11). Where your Application lets end users incur charges on the Service themselves — the compute units of player-authored modules and automations, or AI tools, in an App where you have enabled player compute, billed to their own wallet at the player rates CK publishes plus any markup you set — your terms must tell them so before they incur those charges. CK may make available an option for your Organization to fund some or all of those end-user charges from your Organization Wallet; where CK offers it and you elect it, the charges you elect to fund are Fees of your Organization under Section 4 rather than of the end user.
4.1 Fees. Access to the API is subject to fees based on your usage as set forth in CK's then-current pricing schedule (the "Rate Card"), or as otherwise agreed in writing ("Fees"). The Rate Card sets out the applicable Usage Metrics (Section 4.3), their unit rates, and any included free allowances. A unit rate may be graduated by volume: the Rate Card then publishes it as a series of bands, each with its own unit rate, applied to each App's usage of that Usage Metric over its reset interval ("Volume Bands"), as set out in the Free Tier and Billing Basis. The Free Tier and Billing Basis page forms part of the Rate Card and sets out the free allowances and the measurement basis. Fees are charges for the infrastructure capacity and usage described in Section 4.3. Amounts you receive from your own users, customers, or counterparties are not a Usage Metric and are not an input to the calculation of any Fee. There is one Rate Card, and the same rates apply to every Organization; nothing on it is negotiated. The current Rate Card is published at crowdedkingdoms.com/pricing and is always available in your account — check there for the latest pricing. The Pricing page also carries a cost estimator that applies the Rate Card to usage you describe; it is illustrative and is not a quote. CK may change its rates, including Volume Bands, by updating the Rate Card; a change applies to usage from the time it is published, except that an App that has already used a Usage Metric in its current reset interval keeps the rates that applied at its first use in that interval until the interval ends, and the change applies to that App from its next interval. If your applicable rates are unclear, contact CK at hello@crowdedkingdoms.com.
4.2 Prepaid Wallet Model. Fees for the Service are paid in advance through a prepaid wallet balance ("Wallet") associated with your account or Organization. You add funds to your Wallet using a supported payment method, and CK draws against your Wallet to settle Fees as they accrue. Postpaid billing, invoiced billing, or other usage-based billing arrangements are available only under a separately negotiated written agreement.
4.3 Pricing Components. Self-serve use of the Service is prepaid and metered: you fund your Wallet and pay for what you use, as follows:
A reservation is a floor, not a ceiling. It obliges CK to keep that much capacity in service for you; it does not cap your use of the Service, and use above the reserved rate is metered under Section 4.3(b) and (c) like any other usage rather than refused. CK does not rate-limit an Organization with a funded Wallet and metered usage enabled; your exposure is bounded by the spend caps you set. Reserved Throughput is available on the Public (shared) Environment and does not require a Private Environment.
The reservation fee buys capacity, not volume. It is charged in addition to, and does not include or offset, the metered charges under Section 4.3(b) and (c). All usage is metered from the first unit, whether it falls within the reserved rate or above it, and a reservation carries no included volume, credit, or allowance of its own. Free allowances, where CK publishes them, apply on the same terms regardless of whether you hold a reservation.
The reserved-throughput units, volume units, unit rates, and included free allowances in effect are those published on the Rate Card referenced in Section 4.1 (the reserved and metered charges above, collectively, "Usage Metrics"). CK's measurement of Usage Metrics is final and binding absent manifest error. Upon your reasonable written request, CK will provide usage records supporting your Fees and review in good faith any measurement you dispute.
Billing mechanics. Reserved Throughput is charged for the reservation period regardless of actual utilization. Each Usage Metric is aggregated over its reset interval as published on the Rate Card (currently monthly for every free allowance); after applying the free allowance, CK draws the resulting Fees from your Wallet under Section 4.2 as the interval's running total crosses each whole cent, so usage is charged within about a minute of arriving rather than at the end of an hour or month. Rounding is applied once per interval, to the interval's aggregate: the overage is rounded up to the nearest cent on the month's running total (or on the running total of whatever reset interval the Rate Card publishes for that Usage Metric), so that usage billed part-way through an interval is never rounded more than once. Where a Usage Metric has Volume Bands, the overage is priced band by band and the sum is rounded once in the same way; no band is rounded on its own. Your account shows an hourly itemisation of what was used and what was charged during each hour; the itemisation is a statement of charges already made under this Section, not a separate charge. Where a Player Wallet (a wallet an individual player funds to run their own code, rather than an Organization Wallet) is charged, usage is settled per closed hour and amounts below one cent are carried forward and charged when they accumulate to a whole cent rather than rounded up each hour. Apart from any Reserved Throughput you hold, there is no minimum charge. Fees under this Section are settled by Wallet debit and are not separately charged to your payment method.
4.4 First Day Reserve. To prevent service interruption and to ensure CK does not extend service for which payment has not been received, your Wallet must maintain a minimum balance ("First Day Reserve") sufficient to cover approximately 24 hours of projected Fees based on your then-current Reserved Throughput and usage profile. The First Day Reserve is calculated and updated by CK and may change as you modify your configuration. You must maintain a Wallet balance equal to or greater than the First Day Reserve at all times to keep the Service active.
4.5 Auto-Suspension on Low Balance. If your Wallet balance falls below the First Day Reserve, CK may automatically suspend the affected Environments, Apps, and any other Service components dependent on that balance. Suspension under this Section is automatic, requires no notice, and does not constitute termination. Service will resume automatically once your Wallet balance is restored above the First Day Reserve threshold, subject to any time required for re-provisioning. CK is not liable for any losses, data, or capacity attributable to a suspension under this Section.
4.6 Payment Methods. CK currently supports payment through Stripe and PayPal. Additional payment methods may be added or removed at CK's discretion. By providing a payment method, you authorize CK and its payment processors to charge that method for amounts you elect to add to your Wallet, and you represent that you are authorized to use the payment method.
4.7 Decoupled Provider Pricing. CK's published rates are independent of, and not a pass-through of, the prices charged by underlying data center, cloud, or infrastructure providers. CK sets its own rates and may absorb, surface, or reallocate underlying provider costs at its sole discretion. Changes in underlying provider pricing do not entitle you to a price adjustment.
4.8 Auto-Scaling Authorization. Where you enable auto-scaling for a Private Environment, you authorize CK to provision additional instances and resources within the parameters you configure, and you remain responsible for all Fees incurred by such auto-scaled capacity. CK is not obligated to alert you in advance of auto-scaling charges or to enforce caps beyond those you configure.
4.9 Promotional Credits. CK may from time to time issue promotional credits, free credits, or similar non-cash balances to your Wallet (collectively, "Promotional Credits"), including in connection with referral programs, hackathons, partner promotions, or evaluation grants. Promotional Credits: (a) have no cash value and are not redeemable for cash or refunds under any circumstances; (b) may not be transferred between accounts or Organizations; (c) may carry expiration dates, usage restrictions, or eligibility conditions specified at the time of issuance; (d) may be revoked, modified, or rescinded by CK at any time in CK's sole discretion; and (e) will be applied to Fees in such order as CK determines, generally before paid Wallet balance is consumed.
4.10 No Refunds. Except as expressly provided in Section 12.6 (refund of unused paid Wallet balance on termination without your breach) or as required by applicable law, all amounts added to your Wallet, all Fees drawn from your Wallet, and all Promotional Credits are non-refundable. Unused Wallet balances are not refundable upon termination, suspension, or closure of your account, except as provided in Section 12.6 or as required by applicable law. Unused capacity, reserved access periods, and Promotional Credits are not refundable.
4.11 Taxes. All Fees and Wallet contributions are exclusive of applicable taxes, levies, duties, or similar governmental charges. You are responsible for paying all such taxes, excluding taxes based solely on CK's income.
4.12 Disputes. You must notify CK of any billing dispute within 30 days of the transaction or Wallet draw giving rise to the dispute. Undisputed amounts remain due and payable, and your obligation to maintain the First Day Reserve continues, during any dispute process.
4.13 Sustained Nonpayment. Suspension under Section 4.5 is not termination. However, an account or Organization that remains below the First Day Reserve for a sustained period as determined by CK may be terminated under Section 12, and CK may delete associated data following the data export window in Section 12.7.
4.14 Service is Not a Donation Platform. The Service is a commercial paid offering. Fees and Wallet contributions are payment for services rendered and do not constitute donations, charitable contributions, or investments, and are not tax-deductible as such.
4.15 Automatic Wallet Top-Up. You may enable automatic top-up for your Wallet, authorizing CK to automatically charge your designated payment method for a specified amount whenever your Wallet balance falls below a threshold you configure (or a default threshold CK provides). By enabling automatic top-up, you authorize CK and its payment processors to initiate recurring charges to your designated payment method for each such top-up without further action or approval from you at the time of each charge. You may disable automatic top-up at any time through your account settings; disabling it does not affect charges already initiated. You are responsible for ensuring your designated payment method remains valid and sufficiently funded to support any automatic top-up you enable.
4.16 Chargebacks. If you initiate a chargeback, dispute, or reversal with your bank or payment provider for any charge relating to your Wallet, rather than raising a billing dispute with CK under Section 4.12, CK may immediately suspend your account and access to the Service pending resolution of the chargeback, without liability for any resulting loss of access, data, or capacity. CK may also charge you for any fees, penalties, or costs it incurs as a result of the chargeback. Resolution of a chargeback in your favor does not entitle you to reinstatement of any Wallet balance, Promotional Credits, or Fees forfeited as a result of the chargeback or the suspension under this Section.
4.17 Wallet Balances Are Closed-Loop. Amounts credited to a Wallet, including any Promotional Credit or markup credit, may be applied only toward Fees for the Service. They have no cash value. They are not redeemable or exchangeable for cash, are not withdrawable to a bank account or payment instrument, are not transferable between accounts or Organizations or between users, and are not a deposit, stored-value instrument, security, or property. CK does not hold funds on your behalf and does not owe you money in respect of a Wallet balance. Section 12.6(e) governs refund of unused paid Wallet balance on termination without your breach.
4.18 Spend Caps. CK may make spend caps available, allowing you to set a maximum metered spend for an App over a stated period. Where you set a cap, CK may refuse or deny metered activity for that App once the cap is reached, until the period resets. A cap is a control you configure for your own protection; it is not a guarantee that Fees will not be incurred, it does not limit Fees already accrued, and CK is not liable for any loss of access, capacity, data, or activity resulting from a cap you set. You remain responsible for all Fees incurred.
4.19 Commercial Activities on the Service.
(a) What this Section covers. This Section allocates responsibility and risk for the Covered Activities listed in (b). It imposes no fee: Fees for the Service are charged as provided in Sections 4.1 and 4.3. It does not apply to ordinary monetization of your own application or experience, which is addressed in (c).
(b) Covered Activities. A "Covered Activity" is any of the following, conducted on or through the Service, or in relation to assets, spaces, or accounts hosted on the Service:
(c) Not Covered. For the avoidance of doubt, none of the following is a Covered Activity, however much of it you do: (i) charging your users a one-time, periodic, or subscription fee for access to your own application or experience; (ii) selling your own in-application content, items, upgrades, cosmetics, skins, mods, expansions, agent or automation capabilities, passes, or consumable currency to your own users, where you are the seller and the item is not resold or transferred by users to one another for consideration; (iii) accepting donations, tips, or voluntary support from your users; (iv) advertising or sponsorship of your own application, including inventory you sell to third parties within your own application; and (v) providing your application free of charge. The distinguishing feature of a Covered Activity is that you are intermediating transactions between other parties, selling durable transferable holdings, or providing a commercial or financial service — not that you are making money.
(d) Activities Requiring a Written Agreement. The following may not be conducted on or through the Service at any volume and require a separate written agreement with CK: gambling, wagering, betting, lotteries, sweepstakes for consideration, prediction markets, mechanics regulated as gambling in a jurisdiction where you offer them, any activity requiring a money-transmitter, banking, broker-dealer, or comparable licence, and any offering of securities or comparable instruments. Structuring a transaction to occur outside the Service does not remove it from this subsection where the asset, space, account, or access being transacted is hosted on or delivered through the Service, or where the transaction depends on the Service to have value. Section 5.7 governs providing the Service to third parties.
(e) Your Responsibilities and Representations. You are solely responsible for each Covered Activity, and you represent and warrant that you hold every licence, registration, permission, and rights clearance it requires and that you comply with applicable law — including consumer-protection, ticketing, tax, anti-money-laundering, sanctions, money-transmission, and securities law. CK does not host, promote, endorse, sponsor, or underwrite your Covered Activity by permitting it, is not a party to any transaction between you and a third party, and is not a promoter, ticketing agent, marketplace operator, broker, dealer, exchange, custodian, or seller of record. CK exercises no control over, and accepts no responsibility for, the terms, performance, settlement, refund, or outcome of any transaction arising from a Covered Activity, or for any dispute between you and any participant in one.
(f) Indemnity. Your indemnity under Section 11 applies to every claim, demand, proceeding, penalty, fine, and loss arising from or relating to a Covered Activity, including claims brought by participants in the activity, by third-party rights holders, and by any regulatory or governmental authority. CK's aggregate liability in respect of any Covered Activity is subject to the limitations in Section 10, and nothing CK does in operating the Service — including permitting, hosting, metering, suspending, or terminating a Covered Activity — creates any duty to you in respect of it or makes any participant in it a third-party beneficiary of these Terms.
(g) Separate Agreements. Nothing in this Section limits Section 1.5.
5.1 Permitted Use. You may use the API to: (a) develop, test, deploy, operate, distribute, and commercially exploit Your Applications; (b) enable real-time state synchronization, spatial routing, and replication functionality within Your Applications; and (c) do anything else these Terms permit, including Sections 5.7, 15, and 16.
5.2 Prohibited Uses. You may not use the API to:
5.3 Rate Limits. CK may impose rate limits on the Public Environment on a per-client, per-key, per-Organization, or aggregate basis. Private Environments are bounded by the instance configuration and any limits CK publishes for that tier. Attempting to circumvent rate limits, including by rotating accounts, distributing traffic across multiple keys to evade per-client limits, or any similar conduct, is a material breach of these Terms.
5.4 Monitoring. CK reserves the right to monitor API usage at the metadata and traffic layer for compliance with these Terms and to maintain operational integrity of the Service. CK does not perform human inspection, filtering, or validation of the content of Customer Data in transit. See Section 6.4.
5.5 Consequences. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.
5.6 Automated Agents. You may operate automated agents, bots, and scripted clients against the Service, subject to these Terms and to any automation rules, quotas, or technical limits CK publishes or otherwise applies. If you operate automated agents, you are responsible for all actions those agents take as if you had taken them personally, including actions affecting other customers, their applications, and their end users, and you must ensure those actions comply with these Terms and applicable law. Rate and resource limits apply as provided in Section 5.3 for the Public Environment and by instance configuration for Private Environments; operating additional agents does not increase any applicable limit, and distributing agent traffic to evade a limit is a material breach under Section 5.3. CK may suspend or terminate any agent or agent population at any time, without notice, where CK determines it poses a security risk, degrades the Service, or adversely affects other customers. Arrangements for large-scale or dedicated agent deployments are available — contact hello@crowdedkingdoms.com.
5.7 Providing the Service to Third Parties. You may resell, sublicense, rent, lease, or otherwise make available to third parties the Service, or access to or capacity on it — including the API, hosting, compute, networking, Environments, or any substantially equivalent CK service — whether standalone, as your own hosting, backend, or infrastructure product, or bundled into one. You remain CK's customer and the account holder: you are responsible for all Fees arising from that use, for your customers' compliance with these Terms, and for their acts and omissions as if they were your own. You must bind each such customer to terms at least as protective of CK as these Terms, including Section 5.2 (Prohibited Uses), Section 6 (Data), Section 10 (Limitation of Liability), and Section 11 (Indemnification). Your customers are not third-party beneficiaries of these Terms, acquire no rights under them, and CK is not a party to your agreement with them; any support commitments, service levels, or remedies you offer them are yours alone. Your indemnity under Section 11 applies to every claim arising from or relating to their use of the Service. Where a reseller relationship affects security, abuse response, or capacity planning, CK may ask you to identify it. Providing Your Application to your own end users, and building on the Service on behalf of a client whose own Organization holds the account and bears the Fees, are not covered by this Section. Section 14.2 is available if you want a Reseller or OEM Agreement.
6.1 Customer Data. "Customer Data" means any data, content, or materials transmitted through the API by you or on your behalf. As between CK and you, you retain all ownership rights in your Customer Data. Customer Data excludes Service Data.
6.1a Service Data. "Service Data" means data and information created, observed, analyzed, generated, measured, or derived by CK through the operation of the Service, including event records, identifiers assigned by the Service, world and simulation time, spatial and routing data, session and population metrics, logs, and usage and performance statistics. Service Data excludes Customer Data. Service Data also includes any data derived from Customer Data that CK has de-identified and aggregated such that it does not identify you, any end user, or any natural person.
6.2 Data Retention. The Service is provided on an as-is basis with respect to data retention. CK makes no commitment as to how long Customer Data is retained or that it will be retained at all, and may delete Customer Data at any time. Input Logs (Section 6.4a) are the exception: subject to Section 6.6, CK retains an Input Log for the input-log retention period published on the Rate Card and then deletes it in the ordinary course, and storage charges for Input Logs cover that period only. You grant CK a limited license to process Customer Data as necessary to operate the Service and to produce de-identified and aggregated data under Section 6.1a; CK obtains no other rights in Customer Data. Customers needing defined retention periods, extended retention, or retention for compliance or evidentiary purposes should contact hello@crowdedkingdoms.com to put separate terms in place.
6.3 Customer Data; Service Data. CK does not sell Customer Data and does not use Customer Data to train machine-learning or artificial-intelligence models, except where you enable such use through a control CK makes available for that purpose or under a separate written agreement.
As between the parties, CK owns all right, title, and interest in Service Data. Except as Section 6.12 provides for California, CK may use Service Data for any business purpose in its sole discretion, during and after the term of these Terms, including to operate, develop, and improve CK's products and services, to conduct research and benchmarking, and to create and distribute insights, reports, datasets, and other materials. CK will disclose Service Data to third parties only in de-identified and aggregated form. This does not limit CK's disclosure to you of Service Data relating to your own Organization, including the usage records described in Section 4.3.
Customers wanting arrangements outside this Section — including broader data rights, data-sharing collaborations, dedicated retention, or research access — should contact hello@crowdedkingdoms.com.
6.4 No Inspection of Data in Transit. CK operates as a blind replication and routing layer. No CK personnel inspect, filter, screen, or validate the content of Customer Data in transit, and CK does not perform any mid-stream content processing or validation. CK may generate, record, and review Service Data, and may apply automated processing to Customer Data solely to generate Service Data under Sections 6.1a and 6.3 or to maintain operational integrity and compliance; such automated processing is not inspection, review, or mid-stream content processing for purposes of this Section and does not give CK knowledge of the content of Customer Data. Recording an Input Log under Section 6.4a is processing you direct, for your use, and is likewise not inspection, review, or mid-stream content processing for purposes of this Section. This Section does not prevent CK from accessing Customer Data to the limited extent reasonably necessary to: (a) provide support or debugging you request or authorize; (b) investigate a security incident, suspected abuse, or a credible complaint, or respond to a threat of imminent harm to any person, to CK, or to another customer; (c) comply with law or respond to lawful process; or (d) make a determination CK is entitled to make under Sections 15.7 or 16.3. CK limits any such access to what the purpose requires, and it does not otherwise alter this Section. Except as this paragraph provides, CK has no knowledge of, and makes no representations regarding, the nature, legality, accuracy, or appropriateness of any Customer Data. The customer is solely and exclusively responsible for all Customer Data transmitted through the API, including its content, legality, and any consequences arising from its transmission or use.
6.4a Input Logs. If you turn on replay logging for an App, the Service records, on a best-effort basis, each client message it accepts for that App, as your end user's client sent it and without its authentication data, together with the time it arrived and the App, user, and session it belongs to (together, the App's "Input Log"). An outage or an overload can leave gaps in an Input Log, and the API reports the gaps it can detect. A message the Service accepts and then does not carry out, such as a world edit that a later rule declines, is recorded as it was accepted. Where your App's clients send realtime messages through the API's GraphQL interface rather than to the realtime servers directly, the message recorded is the one the Service builds from that request. CK records and retains an Input Log at your direction and for your use. An Input Log is Customer Data, and CK personnel do not inspect it except as Section 6.4(a) through (d) permits. You can read an App's Input Log through the API while it is retained, and each of your end users can read the inputs they sent while they can sign in to that App. An end user whose access to the App is suspended or revoked, or who has not accepted the terms CK requires to sign in, cannot read them through the API until that is resolved; you can still read them, and respond to that end user's request under Section 6.7. Replay logging is off for an App unless you turn it on; you can turn it off at any time, and the Service stops recording shortly after you do. Turning it on requires a Wallet balance that covers the projected cost of retaining one retention period of the App's recent traffic, as the Service calculates it when you turn it on, unless your Organization is exempt from billing. Storing Input Logs is charged as a Usage Metric under Section 4.3(c) at the rate published on the Rate Card, including after you turn replay logging off, for what was already recorded, until it is deleted at the end of its retention period.
6.5 Customer Warranty for Data. You represent and warrant that: (a) you have all rights, licenses, consents, and authorizations necessary to transmit Customer Data through the API; (b) Customer Data does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or any applicable law or regulation; (c) Customer Data does not contain any material that is illegal, defamatory, or that violates any third-party rights; and (d) your end users have been made aware of and have consented to any applicable data handling practices to the extent required by law. You acknowledge that CK has no ability to verify these representations and relies on them entirely.
6.6 Persistent Storage. The Service is a real-time routing and replication layer. CK does not guarantee persistent long-term storage of Customer Data. You are responsible for maintaining your own data backups and persistence layer as appropriate for your application.
6.7 Personal Data. If Customer Data includes personal data or personally identifiable information, you are solely responsible for: (a) obtaining all required consents; (b) complying with applicable data protection and privacy laws (including GDPR, UK GDPR, CCPA, and similar frameworks); and (c) ensuring your use of the Service is lawful, including with respect to any cross-border transfer of personal data. A separate Data Processing Agreement ("DPA") may be required for processing personal data — contact hello@crowdedkingdoms.com. An Input Log can contain personal data your end users send, including chat, voice, and video. Before you turn on replay logging for an App, you are responsible for giving your end users any notice, and obtaining any consent, that applicable law requires for recording what they send, and for responding to any request they make about it.
6.8 Telemetry and Usage Data. Telemetry, logs, and usage data generated by the Service are Service Data and are governed by Sections 6.3 and 6.12.
6.9 Security. CK implements commercially reasonable security measures to protect the Service. However, CK does not guarantee that the Service is free from unauthorized access. You are responsible for implementing appropriate security controls within Your Applications.
6.10 International Data Location and Processing Role. The Service is operated by a U.S. company. Customer Data transiting the API is currently processed on, and, to the extent retained under Section 6.2, stored on, U.S.-based infrastructure only. CK does not currently operate data centers outside the United States. Where CK makes more than one datacenter region available, the region you select for an App when the App is created is that App's primary hosting region and remains fixed for the life of the App; CK does not provide self-service migration between regions, and a migration requires CK's assistance. An Input Log is stored in its App's primary hosting region. If CK migrates an App to another region, the part of its Input Log recorded before the migration stays in the previous region until it is deleted at the end of its retention period; meanwhile it cannot be read through the API and is not charged for. Operational data — including telemetry, logs, monitoring and diagnostic records, backups, and support records — may be processed and stored in other locations, including by the subprocessors identified under Section 6.14. With respect to any personal data included in Customer Data, CK acts as a processor or service provider on your behalf, following instructions reflected in the Service's automated operation, other than with respect to the de-identification and aggregation permitted by Section 6.2, for which CK acts as an independent controller except as Section 6.12 provides for California. Service Data is a separate category: CK discloses Service Data to third parties only in de-identified and aggregated form, does not attempt to re-identify de-identified Service Data, and, except as Section 6.12 provides for California, acts as an independent controller and is responsible for its own compliance with respect to any Service Data that constitutes personal data. Customers requiring that CK act solely as a processor across all categories of data should contact hello@crowdedkingdoms.com to put a separate written agreement in place. If your transmission of personal data to CK's U.S.-based infrastructure constitutes a cross-border data transfer under GDPR, UK GDPR, or similar law, you are responsible for identifying that obligation and putting a lawful transfer mechanism in place; CK will make Standard Contractual Clauses available as part of the DPA referenced in Section 6.7 upon request.
6.11 Age Requirement for End Users. Every person who signs in to Your Applications through Crowded Kingdoms holds a Crowded Kingdoms account, and Crowded Kingdoms accounts are available only to people 18 or older (Section 3.1). You represent and warrant that Your Applications are not directed to anyone under 18, that you will not make them available to anyone under 18 through Crowded Kingdoms sign-in or the Crowdy Marketplace, and that you will not transmit through the API personal data you know was collected from anyone under 18. CK has no visibility into the age of your end users and relies on your representations under this Section and Section 6.5.
6.12 California. With respect to personal information subject to the California Consumer Privacy Act ("CCPA"), CK acts as a service provider to you and not as a third party, and Section 6.10's independent-controller descriptions do not apply. CK does not sell or share personal information. CK processes Service Data that constitutes personal information only for the business purposes the CCPA and its implementing regulations permit to a service provider — including building or improving the quality of the Service, detecting and responding to security incidents, debugging and repairing errors, and creating deidentified and aggregated data from it — and does not retain, use, or disclose it outside its direct business relationship with you or combine it with personal information obtained from any other source, except as the CCPA permits. Any use of such Service Data beyond those purposes is made only in deidentified and aggregated form. With respect to such deidentified data, CK takes reasonable measures to ensure it cannot be associated with any consumer or household, publicly commits to maintain and use it only in deidentified form, does not attempt to reidentify it, and contractually obligates any recipient to the same restrictions. Customers requiring the full set of service-provider contract terms should request CK's Data Processing Addendum under Section 6.7.
6.13 Service Operations and Monitoring. CK operates monitoring, logging, tracing, error-reporting, performance-measurement, and diagnostic systems across the Service, and engages third-party providers to do so. These systems collect and process operational and telemetry data generated by or about the Service, including request and response metadata, timing, and status; error, exception, crash, and stack-trace records; distributed traces and their spans; infrastructure, host, container, process, and network metrics; application and system logs; client, device, browser, operating-system, and SDK version information; IP address and derived approximate location; session, request, App, Organization, and account identifiers; synthetic and availability checks; usage, capacity, throughput, concurrency, and quota measurements; and security, abuse, and integrity signals. This is Service Data under Section 6.1a and CK may use it as Sections 6.3 and 6.12 provide, including to operate, secure, debug, measure, and improve the Service, for capacity planning, billing verification, and abuse prevention.
6.13a Payload. Nothing in Section 6.13 changes Section 6.4. CK maintains and applies an instrumentation policy under which its monitoring and diagnostic systems are configured not to capture the content of Customer Data — including request and response bodies, message contents, and query variables — and CK applies obfuscation and exclusion controls to that end. Where such content is nonetheless captured incidentally, it remains Customer Data and the restrictions in Sections 6.4 and 11.1 apply to it. An Input Log is not monitoring or diagnostic data: it is Customer Data that CK records because you turned on replay logging, and Section 6.4a governs it.
6.14 Subprocessors. CK engages third-party subprocessors to provide the Service, including hosting, monitoring and observability, payment processing, and email delivery providers. A current list is published at crowdedkingdoms.com/subprocessors once available and, until then, is provided on request to hello@crowdedkingdoms.com. CK remains responsible for its subprocessors' performance of CK's obligations under this Section 6.
7.1 No SLA at Launch. UNLESS SEPARATELY AGREED IN WRITING IN AN ENTERPRISE AGREEMENT, CK DOES NOT PROVIDE ANY UPTIME GUARANTEE, SERVICE LEVEL AGREEMENT, OR COMMITMENT REGARDING AVAILABILITY OF THE API.
7.2 Maintenance. CK may perform scheduled or emergency maintenance that results in temporary unavailability of the API. CK will use reasonable efforts to provide advance notice of scheduled maintenance.
7.3 Sole Remedy. If CK enters into a separate SLA with you, your sole and exclusive remedy for any failure to meet such SLA shall be service credits as specified in that agreement. No cash refunds shall be owed for downtime under any circumstances.
7.4 Force Majeure. CK shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, third-party infrastructure failures, natural disasters, war, terrorism, or governmental actions.
7.5 Third-Party Infrastructure. The Service runs on infrastructure operated by third-party data center and cloud providers. CK does not pass through, incorporate, or guarantee any service level agreement, uptime commitment, or warranty offered by such providers, and CK is not liable for outages, degradation, or failures caused by third-party infrastructure. No SLA is offered under these Terms at this time. Customers who need specific availability commitments should contact hello@crowdedkingdoms.com to discuss an Enterprise Agreement under Section 14.1.
8.1 CK Ownership. CK retains all right, title, and interest in and to: (a) CK Spatial Fabric and the API; (b) all underlying technology, algorithms, protocols, infrastructure, and software; (c) the CK name, logos, and trademarks; (d) all improvements, modifications, and derivative works of the CK technology described in (a) and (b), regardless of by whom developed, which for the avoidance of doubt does not include Your Applications, Customer Data, your integrations, game logic, content, models, prompts, or any technology you develop independently of CK's; and (e) Service Data, as provided in Sections 6.3 and 6.12. No rights are granted to you other than as expressly stated in these Terms.
8.2 Your Ownership. You retain all right, title, and interest in and to Your Applications and Customer Data, subject to Sections 6.1a and 6.2.
8.3 Feedback. If you provide CK with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the API or Service ("Feedback"), you hereby assign to CK all right, title, and interest in such Feedback, including all intellectual property rights therein. CK may use Feedback for any purpose without obligation to you.
8.4 No Implied Licenses. Nothing in these Terms grants you any right, title, or interest in CK's intellectual property except the limited license expressly stated in Section 2.2.
8.5 CK Technical Information. Any technical documentation, architecture details, benchmark data, internal specifications, or other non-public information made available to you through the API, developer portal, or support channels ("CK Technical Information") is proprietary to CK. You may not disclose, publish, reproduce, or distribute CK Technical Information to any third party without CK's prior written consent. This obligation survives termination of these Terms indefinitely.
8.6 SDK and Sample Projects Excluded. These Terms govern the API and Service only. They do not apply to, and do not supersede, the separate open-source license (currently MIT) under which CK makes its client SDKs and sample game projects available. Your use of those SDKs and sample projects is governed solely by the applicable open-source license; nothing in this Section 8 restricts rights granted to you under that license.
8.7 Your Confidential Information. CK will not disclose your non-public technical information to third parties, and will use it only to provide, support, and secure the Service. Your agent configurations, prompts, models, and agent behavior data are your Confidential Information under this Section, and CK will not disclose them, or any Service Data derived from them, in any form that identifies you or attributes activity to you. CK's rights in Service Data under Section 6.3 remain, but are exercisable only in de-identified and aggregated form with respect to information protected by this Section. This Section does not apply to information that is or becomes public through no fault of CK, that CK already held without obligation of confidence, or that CK is required to disclose by law. This obligation survives termination for three years.
9.1 AS IS. THE API AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.2 No Warranty of Results. CK DOES NOT WARRANT THAT THE API WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3 High-Risk Applications. THE API IS NOT DESIGNED FOR USE IN HIGH-RISK APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE INCLUDING, WITHOUT LIMITATION, NUCLEAR FACILITY OPERATIONS, WEAPONS SYSTEMS, AIRCRAFT NAVIGATION, LIFE-SUPPORT SYSTEMS, OR EMERGENCY SERVICES WHERE FAILURE COULD RESULT IN DEATH OR BODILY INJURY. YOU ASSUME ALL RISK FOR SUCH USE.
9.4 No Warranty of Fitness Absent Written Agreement. EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATELY EXECUTED WRITTEN ENTERPRISE AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CK, CK MAKES NO REPRESENTATION OR WARRANTY THAT THE API IS FIT FOR ANY PARTICULAR USE CASE, INDUSTRY, OR REGULATORY REQUIREMENT, AND NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF CK IS AUTHORIZED TO MAKE ANY SUCH REPRESENTATION OR WARRANTY ON CK'S BEHALF.
10.1 Exclusion of Consequential Damages. IN NO EVENT SHALL CK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE API, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF CK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability. CK'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID BY YOU TO CK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (US $100).
10.3 Essential Basis. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CK WOULD NOT PROVIDE ACCESS TO THE API WITHOUT THESE LIMITATIONS.
10.4 Exceptions. Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable law.
11.1 Customer Indemnification. You agree to defend, indemnify, and hold harmless CK and its officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Applications or Customer Data; (b) the content, nature, or legality of any data transmitted through the API by you or on your behalf, including any claims by third parties that such data infringes their intellectual property rights, violates their privacy rights, or violates applicable law; (c) your violation of these Terms or applicable law; (d) your violation of any third-party rights; (e) any claim by your end users arising from your application's use of the API; or (f) your breach of the Acceptable Use Policy. You acknowledge that CK operates as a blind replication layer with no human inspection of, and no ability to control, the content of data you transmit, and that full responsibility for that data rests exclusively with you.
11.2 Indemnification Procedure. CK will: (a) promptly notify you of any claim for which it seeks indemnification; (b) give you reasonable control over the defense and settlement of such claim; and (c) provide reasonable cooperation at your expense. CK reserves the right to participate in the defense with counsel of its own choosing at its own expense. You may not settle any claim in a way that imposes any liability, payment, obligation, admission of fault, or non-monetary duty on CK, or that affects CK's intellectual property or the Service, without CK's prior written consent. Your failure to assume the defense promptly entitles CK to defend the claim itself at your expense.
12.1 Term. These Terms commence on the date you first accept them and continue until terminated in accordance with this Section.
12.2 Termination by Customer. You may terminate your account at any time by ceasing use of the API and closing your account through the account portal. Termination does not relieve you of any outstanding payment obligations.
12.3 Termination by CK for Convenience. CK may terminate these Terms or your access to the API with 30 days' written notice.
12.4 Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 15 days of written notice; or (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy, insolvency, or similar proceedings.
12.5 Immediate Suspension or Termination. CK may immediately suspend or terminate your access without notice in the event of: (a) violation of the Acceptable Use Policy; (b) sustained Wallet balance below the First Day Reserve as described in Section 4.13; (c) potential harm to CK, its systems, or other customers; or (d) legal or regulatory obligation. Automatic suspension under Section 4.5 is governed by that Section and does not require notice under this Section.
12.6 Effect of Termination. Upon termination: (a) all licenses granted herein immediately terminate; (b) you must cease all use of the API; (c) you will be responsible for all Fees that accrued through the termination date and were not yet drawn from your Wallet at the time of termination; (d) any remaining Promotional Credits are forfeited immediately and are non-refundable under any circumstances; and (e) any remaining paid Wallet balance is treated as follows: (i) if CK terminates these Terms for convenience under Section 12.3, or otherwise terminates without an underlying breach by you, CK will refund your unused paid Wallet balance within 30 days of the termination date; (ii) except as Section 1.4 provides, in all other cases — including termination by you under Section 12.2, termination for cause under Section 12.4 based on your breach, or suspension or termination under Section 12.5 — any remaining paid Wallet balance is forfeited, except as expressly required by applicable law, including unclaimed property law.
12.7 Data Export Window. Following termination, and to the extent any Customer Data then remains accessible through your account, you will have 30 days to retrieve it, after which CK may delete such data with no liability. Consistent with Sections 6.2 and 6.6, CK does not guarantee that any Customer Data will remain available for retrieval, as the Service is a real-time routing and replication layer and retention is not guaranteed.
12.8 Survival. The following sections survive termination: 4 (Fees, Billing, and Payment) including without limitation the no-refund and forfeiture provisions, 6 (Data and Privacy) with respect to obligations incurred prior to termination, together with Sections 6.1a, 6.3, and 6.12 in full, 8 (Intellectual Property, including 8.5 and 8.7), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12.6–12.8, 13 (General Terms), 15 (Publishing and Distribution), and 16 (End-User Modification).
13.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Dispute Resolution — Mediation Followed by Final Offer Arbitration.
(a) Mediation. Any controversy or claim arising out of or relating to these Terms or any related agreement or any of the transactions contemplated by these Terms will be settled in the following manner: (1) each of the parties will meet to discuss and attempt to resolve the controversy or claim; (2) if the controversy or claim is not resolved as contemplated by clause (1), each party will, by mutual consent, select an independent third party to mediate such controversy or claim, provided that this mediation will not be binding on any of the parties; and (3) if the controversy or claim is not resolved as contemplated by clauses (1) or (2), the parties will have such rights and remedies as are available under these Terms or, if and to the extent not provided for in these Terms, the parties shall submit to binding, private Final Offer Arbitration.
(b) Final Offer Arbitration. Any dispute pertaining to these Terms not resolved by mediation shall be resolved by binding Final Offer Arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (including the Expedited Procedures where they apply), as modified by this Section 13.2 ("Final Offer Arbitration"). Each party shall prepare and submit a single written final offer, and the arbitrator shall select one of the two final offers in its entirety, based on which is the most reasonable; the arbitrator may not modify, average, or fashion a compromise between the offers. This structure is designed to motivate each party to submit a reasonable offer. The arbitrator shall issue a reasoned award selecting one final offer, and that award shall be final and binding.
Final offers may include monetary, declaratory, and equitable terms. Where a dispute seeks primarily declaratory or equitable relief for which a single all-or-nothing final offer is impractical, the arbitrator shall resolve that portion of the dispute on its merits under the AAA Commercial Rules rather than by selecting a final offer, and the final-offer mechanism above applies to the monetary components of the dispute. This does not affect either party's right to seek injunctive or equitable relief in court under Section 13.5.
(c) Single Arbitrator; Appointment. The arbitration shall be conducted by a single arbitrator appointed under the AAA's Commercial Arbitration Rules. If the parties do not agree on the arbitrator within fifteen (15) days after the AAA provides a list of candidates, the AAA shall appoint the arbitrator. The arbitrator should have experience with commercial technology or software disputes.
(d) Seat and Location. The seat and legal place of the arbitration shall be Tarrant County, Texas, and any in-person hearing shall be held in the Dallas–Fort Worth, Texas metropolitan area, unless the parties agree otherwise or the arbitrator directs that proceedings be conducted remotely. These Terms remain governed by Delaware law under Section 13.1.
(e) Fees and Costs. The party whose final offer is not selected by the arbitrator (the "non-prevailing party") shall bear the AAA's administrative fees and the arbitrator's fees and expenses, and shall also reimburse the prevailing party's reasonable attorneys' fees and costs. The arbitrator retains discretion to allocate all such fees, expenses, and costs differently for good cause — including directing that each party bear its own attorneys' fees and costs — and may award additional attorneys' fees and costs for bad-faith conduct or where authorized by applicable law.
(f) Confidentiality. The arbitration — including its existence, the parties' submissions, and the award — shall be kept confidential, except as necessary to conduct the arbitration, to enforce or challenge the award, or as required by law.
(g) Consolidation. Related disputes between the parties arising under these Terms, the SDK Developer Terms, or other related agreements may be consolidated into a single Final Offer Arbitration to avoid duplicative proceedings.
(h) Award; Entry of Judgment. The award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section 13.2 limits either party's right to seek injunctive or equitable relief under Section 13.5.
13.3 Class Action Waiver. YOU AND CK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
13.4 Dispute Resolution — Exclusive Forum; Binding Arbitration. DISPUTES UNDER THESE TERMS ARE RESOLVED EXCLUSIVELY THROUGH THE PROCESS SET FORTH IN SECTION 13.2: DIRECT NEGOTIATION, FOLLOWED BY MEDIATION, FOLLOWED BY BINDING FINAL OFFER ARBITRATION IF NO RESOLUTION IS REACHED. ANY ARBITRAL AWARD IS FINAL AND BINDING. IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT A SPECIFIC DISPUTE IS NOT SUBJECT TO ARBITRATION, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL FOR SUCH CLAIM.
13.5 Exception for Injunctive Relief. Notwithstanding Section 13.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened misappropriation of intellectual property.
13.6 Export Compliance. You agree to comply with all applicable U.S. and international export control and trade sanction laws and regulations in connection with your use of the API. You represent that you are not on any U.S. government denied-party list.
13.7 Entire Agreement. These Terms, together with the Rate Card referenced in Section 4.1 (which is incorporated by reference) and any applicable order forms, enterprise agreements, or addenda, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
13.8 Order of Precedence. In the event of a conflict between these Terms and any separately executed enterprise agreement or order form, the terms of the enterprise agreement or order form shall control.
13.9 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
13.10 Waiver. CK's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.
13.11 Assignment. You may not assign these Terms or any rights or obligations hereunder without CK's prior written consent. CK may freely assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.
13.12 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their respective permitted successors and assigns. Nothing in these Terms shall create or be deemed to create any rights in any third party.
13.13 Notices. Legal notices to CK must be sent in writing to: Crowded Kingdom Studios, Inc., 2410 Mesa Glen Dr, Arlington, TX 76001, with a copy to hello@crowdedkingdoms.com. CK may send notices to you at the email address associated with your account.
13.14 Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
13.15 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
14.1 Enterprise Agreements. Two things are provided by Enterprise Agreement for an enterprise fee rather than from the Rate Card: dedicated Private Environments (Section 2.8) and custom service levels (SLAs). Customers requiring either, a data processing agreement, or other terms not covered by these standard Terms should contact CK at hello@crowdedkingdoms.com. An Enterprise Agreement does not change the Rate Card rates, which are the same for every Organization.
14.2 Reseller and OEM Arrangements. Reselling or sublicensing the Service to your own customers is governed by Section 5.7 and needs no prior agreement. If you want terms built for it — your own service levels to pass through, co-branding, or support arrangements — contact CK at hello@crowdedkingdoms.com to discuss a Reseller or OEM Agreement.
15.1 What This Section Covers. CK operates a public games host at crowdy.games and discovery surfaces that list games, including the Overworld lobby and Crowdy Studio (together, the "Crowdy Marketplace"), through which applications built on the Service can be published and delivered to end users. This Section applies where you publish an App to it. Publishing is optional and free; your App's use of the Service is charged under Section 4 as usual.
15.2 License to CK. You grant CK a non-exclusive, worldwide, royalty-free license, sublicensable to CK's hosting, content-delivery, and infrastructure providers solely for the purpose of delivery, to host, store, reproduce, cache, reformat, transmit, display, and distribute your published App and its title, description, images, and other listing materials, in order to operate the Crowdy Marketplace, deliver the App to end users who reach it, and identify it in listings, links, and previews. This license lasts while the App is published and for a reasonable period afterward for backups, caches, and copies already distributed. You represent that you hold all rights necessary to grant it.
15.3 Listing States, and What "Unlisted" Means. A published App is either listed, meaning it appears in browsing, search, and other discovery surfaces, or unlisted, meaning it does not appear in them and is reached through its link. Publishing is self-serve and makes an App available by link. Whether an App is listed is CK's decision, and CK may list, decline to list, or delist any App at its discretion, without giving reasons. Unlisted is not private, confidential, access-controlled, or secure. Anyone who has the link can open the App. Links can be forwarded, posted publicly, indexed by third parties, captured by anyone with access to a device or network on which they appear, and shared without your knowledge, and CK does not restrict, monitor, authenticate, or vouch for who uses a link, and does not undertake to keep a link undiscovered. Do not treat unlisted publication as an access control, a confidentiality measure, or a security boundary. Where you need any of those, implement authentication and authorization within your App.
15.4 Your Responsibility for What You Publish. You are solely responsible for your published App and everything in it and everything your end users experience in it. You represent and warrant that you hold every licence, registration, permission, and rights clearance it requires; that it complies with applicable law, including consumer-protection, privacy, data-protection, content, advertising, export, and age-rating law; that it is appropriate for the audience you make it available to, and that you apply any age gating or content labelling that audience requires; and that, where you collect data from your end users or charge them, you present your own terms and privacy notice to them and meet your own obligations to them. CK does not review, test, rate, moderate, verify, or approve any published App for safety, security, lawfulness, accuracy, or quality. Any consideration CK gives an App in deciding whether to list it is for CK's own purposes and is not such a review. Neither publication nor listing is endorsement, certification, or any representation by CK that an App is safe, lawful, accurate, functional, or fit for any purpose.
15.5 Your End Users Are Yours. CK's relationship under these Terms is with you. Your end users are not third-party beneficiaries of these Terms, acquire no rights under them, and CK is not a party to your agreement with them. Any support, service levels, refunds, warranties, or other commitments you offer them are yours alone.
15.6 Fees Follow Usage. Everything your published App consumes on the Service is metered to your Organization under Section 4, including usage generated by anyone who reaches the App through a link, whether or not you anticipated or intended that traffic. Section 4.18 (Spend Caps) is available to bound it, and Section 4.5 applies if your Wallet balance runs down.
15.7 CK May Remove or Disable. CK may refuse to publish, delist, disable a link to, suspend, or remove any App at any time, and may restrict its availability in a jurisdiction, where CK determines that it presents a legal, regulatory, security, abuse, or reputational risk, is the subject of a credible complaint or infringement notice, violates these Terms or applicable law, or where CK is required to do so. CK will give notice where practicable. CK is not liable to you or to anyone else for any loss arising from removal, delisting, disabling, or restriction, including loss of access, users, revenue, or data. If you believe material in the Crowdy Marketplace infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to hello@crowdedkingdoms.com.
15.8 On Termination or Unpublishing. When an App is unpublished, removed, or your account terminates, its links stop working. CK may retain copies in backups and caches for a reasonable period and is not required to return, export, or preserve a published App.
15.9 Indemnity. Your indemnity under Section 11 applies to every claim, demand, proceeding, penalty, fine, and loss arising from or relating to your published App and its distribution, including claims brought by your end users, by anyone who reached it through a link, by rights holders, and by any regulatory or governmental authority.
16.1 What This Section Covers. Your App may allow your end users to create, run, and share modifications to it from within it ("Mods"). Whether to enable that, and what it lets your users change, is your decision and under your control. This Section applies where you enable it.
16.2 Your Responsibility. You are responsible for Mods in your App as you are for the App itself. That includes obtaining from each of your users the rights and licences you need to host, run, display, and distribute their Mods and to allow other users to run them; obtaining the rights CK needs under Section 15.2 where a Mod is distributed with or through your published App; moderating what runs in your App; disclosing to your users what Mods can do and what data they can reach; and complying with applicable law in respect of all of it. Where a Mod incorporates someone else's content, you are responsible for the permissions that requires. CK has no relationship with your users or your modders under these Terms, claims no ownership of Mods, and does not review, test, scan, moderate, approve, or warrant any Mod.
16.3 Execution, Billing, and Limits. Mods run either on the Service (server-side modules, compiled and scheduled by CK) or on your end users' devices (client-side modules). Server-side execution, compilation, and automations run by your end users are player compute: they are billed to the wallet of the end user who runs them, at CK's published player rates plus any markup you configure for your App, and do not appear on your Organization's bill — unless and to the extent you have elected, where CK offers it, to fund them from your Organization Wallet under Section 3.8. Player compute is the only usage billed to an end user, and only in an App where you have enabled it. Modules, automations, and other usage that you or your Organization deploy are metered to your Organization under Section 4. Client-side execution on end users' devices is not metered. The rest of this Section applies to Mods however they run. CK may impose resource, rate, memory, storage, concurrency, and execution limits on Mods, and may suspend or terminate any Mod, any Mod execution, any user's ability to run Mods, or the feature in your App, at any time and without notice, where CK determines it poses a security risk, degrades or threatens the Service, or adversely affects other customers, their applications, or their end users. Distributing Mod execution to evade a limit is a material breach of Section 5.3.
16.4 Security Is Yours. Mods are code written by people you do not control and CK has not vetted. You must not rely on CK to isolate, sandbox, validate, scan, or make safe any Mod. CK makes no representation or warranty that Mod execution is isolated, contained, or free of malicious or defective code, and Section 9 applies to it in full. You are responsible for the security boundary within your own App, for what a Mod is permitted to reach, and for the consequences of a Mod that behaves badly, including toward your other users.
16.5 Provenance. CK may in the future make authorship, provenance, or lineage records available in connection with user-created content, prospectively and on notice. Nothing in this Section obliges CK to create, maintain, verify, or produce any such record, and no record CK provides is a representation that a Mod is original, licensed, or non-infringing.
16.6 Indemnity. Your indemnity under Section 11 applies to every claim, demand, proceeding, penalty, fine, and loss arising from or relating to Mods in your App, including claims brought by the user who created a Mod, by users affected by one, by rights holders whose content a Mod incorporates, and by any regulatory or governmental authority.
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